Thursday, December 12, 2013

Civil Rights activist judge now says he convicted an innocent man of murder because of his race

Civil Rights activist judge now says he convicted an innocent man of murder because of his race

A retired Brooklyn judge says “reverse racism” motivated him to convict an innocent white man of murder. He now says that Donald Kagan shot Wavell Wint, a black man, in self defense.
Frank Barbaro decided the entire case instead of a jury. He is a former civil rights activist and says his desire to fight “racism” caused him to convict an innocent man. He now says that Kagan was being mugged by Wint and the shooting was justifiable self-defense.
Retired Brooklyn Supreme Court Judge Frank Barbaro wants a white man he convicted in 1999 of killing a black man to be freed — claiming Wednesday he based the verdict on his own reverse racism. The 86-year-old former jurist convicted Donald Kagan, now 39, of fatally shooting Wavell Wint, 22, during a struggle over Kagan’s chain outside an East New York movie theater in 1998.
But Barbaro told a court that, because of his viewpoint as a civil-rights activist, he didn’t consider a justification defense by Kagan in the nonjury trial.
“Mr. Kagan had no intent to kill that man . . . I believe now that I was seeing this young white fellow as a bigot, as someone who assassinated an African-American,” Barbaro, a former longshoreman who also served 23 years in the state Assembly, told Brooklyn Supreme Court Justice ShawnDya Simpson.
Barbaro said he contacted Kagan’s attorneys after some deep soul-searching led him to realize he had denied Kagan a fair trial.
“I never took it out of my mind. I started reading in the papers that lots of defendants were sent to death or life in prison but were subsequently exonerated. Reading those stories began to affect me,” Barbaro said.
“I was prejudiced during the trial. I realized I made a terrible mistake and there was a man in jail because of my mistake.”
Barbaro contacted defense attorney Jeff Adler, who filed a motion in 2011 to overturn Kagan’s conviction.

1 comment:

  1. Drum roll please, and harken ye, ye ignorant souls, victims of the American Criminal Justice System. The American criminal justice system is, indeed, criminal...not always the defendants who appear before the Bench of Justice ( LOL ), but the corrupt, foul, sub-human creatures who administer said justice. Truth be told, the prosecutors who prosecute the cases that appear on their docket...and the "impartial" judges who referee the cases...are in most cases more debased...more corrupt...than the defendants of whom they sit in judgment. The "legal" system that currently prevails in Columbus, Ga. stands out starkly as a case in point. Some of the judges who sit on the smelly benches of Columbus's three-tiered court system...Recorder's Court, State Court and Superior Court...are rascals, scoundrels extraordinaire. They are, de facto-speaking...worse criminals than those whom they prosecute, and judge. For example, the Columbus D.A.'s Office retains on its staff the Asst. D.A., Don Kelly, a.k.a., DUI Kelly. DUI Kelly was arrested on the evening of Dec.4, 2010 by a Ga. State Trooper for driving while under the influence of alcohol. The police report regarding his case indicated that he, Kelly...was cruising the area of Sixth Avenue in Columbus at the time of his arrest. Sixth Avenue is a well-known illegal drug-selling and prostitution area of Columbus. Asst. D.A. Don Kelly...a.k.a. DUI still a prosecutor on D.A. Julia Ann Fessenden Slater's prosecutorial staff. Most state Bar Associations have a Code of Conduct clause whose stated purpose is to ferret out prosecutors who violate this code of proper conduct. A prosecutor who violates this code of conduct...the Moral Turpitude clause in supposed to be relieved of his or her duties. After all, a person who prosecutes the misdeeds of others should, at the very free of legal malfeasance himself or herself. To this writer's knowledge, though...D.A. Slater still retains this soiled prosecutor on her staff. Why? Is the Georgia Bar Association aware of this obvious conflict of interest? Is it right and proper for a convicted malefactor to prosecute other alleged malefactors? This writer would like to suggest that Columbus, Ga. is unique in this foul dynamic but, alas, it is not. Municipalities throughout this nation are replete with convicted criminals who prosecute alleged criminals on a daily basis. Alas, again...DUI Kelly is but one of the countless "representatives of the people" who, while a guilty dog himself...barks the loudest at those whom he prosecutes. But then, Lex Rex, i.e., the Law is King. Yeah...right...